Unfortunately, we’ve had many cases where we’ve had to sue our clients own insurance company.  What I mean by this is it’s frequently uninsured or underinsured motorist coverage on your own auto insurance policy, or homeowners insurance or renters insurance. 

In one case that we had, our client suffered from a brain injury from a driver that ran a stop sign.  The future medical expenses were well in excess of $275,000.  The available insurance for the person who ran the stop sign was only $100,000.  The insurance company for our client said that even if the insurance company for the person that was at fault, the person that ran the stop sign, paid the full $100,000, that she was not entitled to any money under her own underinsured motorist coverage.

We, unfortunately, had to file suit against our own client’s insurance company, which was Progressive Insurance Company, and recover underinsured motorist coverage under her policy.  

There are many people that don't know that they have such available coverage under their own policy.  And if a claim is not pursued under their own policy, then they may not be able to recover the money that's under their own policy.  

This is the purpose that we buy underinsured motorist coverage, and, as I’ve said in other videos, to buy as much underinsured motorist coverage, because there are frequently circumstances where your medical bills will greatly exceed the amount of insurance that is available under the insurance policy of the person that was at fault.  

If someone comes into our office who has previously suffered from a traumatic brain injury, that does not mean that the insurance company gets to escape responsibility for a new traumatic brain injury.  The insurance is responsible for the injuries you have suffered, even they have aggravated a preexisting condition that you previously had.